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US 25 November 2020 WJ Holding
United States District Court, Eastern District of New York, 25 November 2020, 20 CV 1068 (LDH) (CLP)
(WJ Holding Limited and Stubrick Limited v. Shireen Maritime Ltd et al.)
US 25 November 2020 WJ Holding
The Court granted the plaintiffs' motion to remand. It reasoned that it only had jurisdiction under the New York Convention and Chapter 2 of the Federal Arbitration Act, the Convention's implementing legislation, over proceedings in which a party sought to compel arbitration, enjoin or stay an arbitration, or enjoin a proceeding in aid of arbitration. In the present case, the plaintiffs' state court action sought a declaration that certain loan agreements between the parties were unenforceable sham loan agreements and an injunction barring defendants from enforcing these agreements. Such action did not fall under any of the federal jurisdiction categories.
The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.